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Employment Support and Income Assistance Regulations

made under Section 21 of the

Employment Support and Income Assistance Act

S.N.S. 2000, c. 27

O.I.C. 2001-138 (March 23, 2001, effective August 1, 2001), N.S. Reg. 25/2001

as amended to O.I.C. 2013-294 (August 23, 2013, effective October 1, 2013), N.S. Reg. 291/2013


Table of Contents


Interpretation

Citation

Definitions


Assistance - General

Money payments of assistance

Application for assistance

Additional information required

Providing documentation


Eligibility

Not eligible for assistance

Eligibility for assistance

Caseworker can change amount of assistance

Dependent child


Employment

Employability assessment

Employment plan

Medical examination

Refusal to accept employment

Quitting a job

Obligation to commence proceedings


Special Needs

Special needs defined

Special need essential for health

Information to be provided

Health or medical need

Determination of eligibility

Supervisor may determine higher amount

Educational-related needs


Allowances and Expenses

Expenses to be considered in determining eligibility

Amount payable

Personal and shelter allowances

Combined expenses

Mortgage payments

Joint ownership of primary residence

Property taxes

Rent

Heating costs

Electricity costs

Water costs

Employment plan expenses

Employment expenses

Shelter allowance under certain circumstances

Supervisor can modify calculation of budget deficit


Income

Chargeable income

Percentage of net wages

Percentage of gratuities and commissions

Training allowance

Net profit from business

Not chargeable income


Assets

Consideration of assets in determining eligibility

Joint assets

Conversion/sale of assets

Trust money

Assistance paid in trust

Registered disability savings plans


Compensation Payments


Pharmacare Assistance


Youths


Post-secondary Education


Overpayments and Underpayments

Recovery of overpayments

Underpayments


Default in Maintenance Payments


Transitional Provisions

Diabetes

Foster parents

Post-secondary education

Nova Scotia Child Benefit

Assets

Pharmacare

Disabled person


Appendix “A”—Prescribed Allowances


Interpretation


Citation

1     These regulations may be cited as the Employment Support and Income Assistance Regulations.


Definitions

2     In these regulations

 

                (a)    “Act” means the Employment Support and Income Assistance Act;

 

                (b)    “allowable mortgage expense” means the percentage of an applicant’s or recipient’s mortgage payment that is included as an expense;

 

                (c)    “applicant” means a person who applies for assistance;

 

                (d)    “application” means an application for assistance pursuant to Section 4;

 

                (e)    “approved educational program” means

 

                         (i)     a high school, adult day school, upgrading or literacy program, or

 

                         (ii)    technical or professional training of a duration of 2 years or less;

 

                (f)    “applicable assets” includes real property and liquid assets but does not include

Clause 2(f) amended: O.I.C. 2010-280, N.S. Reg. 108/2010.

 

                         (i)     a primary residence of an applicant or a recipient that is assessed at less than twice the average assessed value of single family dwellings in the municipality in which the residence is located,

 

                         (ii)    a cash surrender value of under $500 of a life insurance policy,

 

                         (iii)   a motor vehicle used for basic transportation including transportation related to job search requirements, training or health and safety requirements,

 

                         (iv)   tools or equipment directly related to a trade or profession,

 

                         (v)    a registered education savings plan established for the education of a child and intended for use by that child in relation to education expenses,

 

                         (vi)   any portion of a registered retirement savings plan that is part of an employment pension program at the place of employment where the applicant or recipient is employed, temporarily laid off or on sick leave,

 

                         (vii)  prepaid funeral arrangements up to a maximum value of $5000;

Subclause 2(f)(vii) added: O.I.C. 2001-338, N.S. Reg. 91/2001.

Clause 2(f) amended: O.I.C. 2009-167, N.S. Reg. 184/2009.

 

                (g)    “budget deficit” of an applicant or recipient means the amount by which the total expenses of the applicant or recipient exceed the total chargeable income of the applicant or recipient;

 

                (h)    “caseworker” means a person in the employ of the Department of Community Services who is responsible for reviewing applications for assistance, determining eligibility for assistance and making decisions with respect to the granting of assistance;

 

                (i)     “chargeable income” of an applicant or recipient means income that is included for the purpose of computing the amount of assistance payable to the applicant or recipient pursuant to these regulations;

 

                (j)     “cohabit” means to live together with another person as a spouse and “cohabitation” and “cohabitating” have corresponding meanings;

 

                (ja)   “common-law partner” means a person who is living with another person in a relationship of interdependence functioning as an economic and domestic unit, and at least 1 of the following applies to the 2 persons in the relationship:

 

                         (i)     they have lived together for at least 12 continuous months,

 

                         (ii)    they are parents of a child or children by birth or adoption or share legal custody of a child or children,

 

                         (iii)   they lived together previously in a relationship of interdependence functioning as an economic and domestic unit for at least 12 continuous months, including any period of time the 2 persons were separated for less than 90 days, and have resumed living together in such a relationship,

 

                         (iv)   the 2 persons advise a caseworker that they are a common-law couple;

Clause 2(ja) added: O.I.C. 2010-458, N.S. Reg. 195/2010.

 

                (k)    “dependent child” means a person residing in Nova Scotia who is dependent for support upon an applicant or a recipient and is

 

                         (i)     under the age of 19 years, or

 

                         (ii)    19 or 20 years of age and is attending an approved educational program not designated for student loan purposes;

 

                (l)     “Director” means the Director of Income Assistance in the Department of Community Services;

 

                (m)   “employability assessment” means an assessment to determine whether a recipient or a spouse of a recipient is employable at the time of the assessment and, if not employable at the time of the assessment, includes an assessment of the measures or activities that can reasonably be undertaken by the recipient or spouse to enable the recipient or spouse to become employable;

 

                (n)    “employment plan” means a plan that is developed in conjunction with an employability assessment and that establishes the goals of a recipient or a spouse of a recipient in respect of

 

                         (i)     participation in employment services,

 

                         (ii)    participation in an approved educational program, and

 

                         (iii)   employment;

 

                (o)    “expense” means an expense of an applicant or recipient that is included for the purpose of calculating the amount of assistance payable to the applicant or recipient pursuant to these regulations, and includes an expense of a spouse and, where applicable, a dependent child;

 

                (p)    “family benefits” means benefits received under the Family Benefits Schedule “B” Regulations;

 

 

                (q)    “full-time”, with respect to employment, means paid employment for 30 hours or more per week;

 

                (r)    “home” includes a mobile home;

 

                (s)    “income maintenance payment” means a payment made to a person by the government of Canada or of Nova Scotia in respect of loss or presumed loss of income by reason of unemployment, loss of the principal family provider, illness, disability or age;

 

                (t)     “liquid asset” means any asset readily convertible into cash including cash on hand, bank accounts, stocks and bonds or other securities;

 

                (u)    “mobile home” means any trailer that is

 

                         (i)     designed for or intended to be equipped with wheels, whether or not it is so equipped, and

 

                         (ii)    constructed or manufactured to provide a residence for one or more persons,

 

but does not include a travel trailer or tent trailer or trailer otherwise designed;

 

                (v)    “mortgage payment” means the actual amount paid, calculated monthly, less any payment of taxes included in the payment for a mortgage that has been obtained for the purpose of purchasing or making necessary repairs or renovations to the primary residence of an applicant or recipient;

 

                (w)   “part-time”, with respect to employment, means paid employment for up to 30 hours per week;

 

                (x)    “post-secondary education program” means a program designated for student loan purposes;

 

                (y)    “primary residence” means the housing unit ordinarily inhabited by an applicant or recipient;

 

                (z)    “recipient” means a person who is receiving assistance;

 

                (aa)  “social assistance” means assistance received under the Social Assistance Act;

 

                (ab)  “special needs” means special needs as defined in Section 24;

Clause 2(ab) replaced: O.I.C. 2011-308, N.S. Reg. 251/2011.

 

                (ac)  “spouse” means

 

                         (i)     a husband or a wife of an applicant or recipient, or

 

                         (ii)    a common law partner or a same-sex partner with whom an applicant or recipient is in a marriage-like relationship that is not a legal marriage;

 

                (aca)“student family member” means a person who resides with an applicant or recipient who is their parent or legal guardian, and who meets all of the following criteria:

 

                         (i)     they are 23 years old or younger,

 

                         (ii)    they have been out of high school for less than 4 years,

 

                         (iii)   they are attending a post-secondary education program full-time,

 

                         (iv)   they have not had 2 periods of 12 consecutive months when they were not a full-time student;

Clause 2(aca) added: O.I.C. 2010-458, N.S. Reg. 195/2010.

 

                (ad)  “supervisor” means a person in the employ of the Department of Community Services who is responsible for overseeing the work and decisions of a caseworker;

 

                (ae)  “supported employment” means employment of a person whose physical, mental or cognitive abilities prevent them from being financially self-sufficient;

Clause 2(ae) replaced: O.I.C. 2001-338, N.S. Reg. 91/2001.

 

                (af)   “taxes” means any tax imposed by or under an enactment in respect of real or personal property;

 

                (ag)  “unearned income” includes income maintenance payments, workers’ compensation, regular periodic insurance payments, income from mortgages, any maintenance payments, superannuation and income from investments such as stock and bonds;

Clause 2(ag) amended: O.I.C. 2008-512, N.S. Reg. 404/2008.

 

                (ah)  “youth” means a person aged 16 to 18, inclusive, who is eligible to apply for assistance.


Assistance - General


Money payments of assistance

3     Payments of assistance in the form of money shall be made by cheque or electronic bank transfer in favour of the person named in the requisition for the payment.


Application for assistance

4     An applicant shall submit an application in the form prescribed by the Minister to a caseworker and shall attach to the application any documents required pursuant to Section 5.


Additional information required

5     (1)    In order to determine the eligibility of an applicant or the ongoing eligibility of a recipient to receive assistance, or to verify information obtained from an applicant or recipient in respect of their eligibility or ongoing eligibility to receive assistance, the applicant or recipient shall provide the following information to a caseworker, in the case of an applicant at the time of application, or in the case of a recipient as requested at any time during which the recipient is in receipt of assistance:

 

                (a)    where applicable,

 

                         (i)      proof of age,

                         (ii)     proof of death,

                         (iii)    proof of marriage,

                         (iv)    proof of divorce,

                         (v)     proof of cohabitation,

                         (vi)    proof of ability to participate in employment services,

                         (vii)   proof of hospitalization,

                         (viii)  proof of parentage,

                         (ix)    proof of citizenship,

                         (x)     proof of residency,

                         (xi)    proof of income, or

                         (xii)   proof of assets.

 

                (b)    the social insurance number of the applicant or recipient and of the spouse of the applicant or recipient and a dependent child of the applicant or recipient;

 

                (c)    the Nova Scotia Health card number of the applicant or recipient and of the spouse of the applicant or recipient and dependent child of the applicant or recipient;

 

                (d)    income tax assessment form of the applicant or recipient and of the spouse of the applicant or recipient; and

 

                (e)    an authorization for the release, obtaining or verifying of information about the applicant or recipient and spouse, dependent child and student family member of the applicant or recipient including information or documents

Clause 5(1)(e) amended: O.I.C. 2010-458, N.S. Reg. 195/2010.

 

                         (i)     specified in this Section and Sections 4 and 7,

 

                         (ii)    respecting expenses,

 

                         (iii)   respecting chargeable income,

 

                         (iv)   respecting liquid assets,

 

                         (v)    respecting the confirmation of a student family member’s residency and enrollment in post-secondary education,

Subclause 5(1)(e)(v): O.I.C. 2010-458, N.S. Reg. 195/2010.

 

                         (vi)   respecting the confirmation of living with another person in a relationship of interdependence functioning as an economic and domestic unit.

Subclause 5(1)(e)(vi): O.I.C. 2010-458, N.S. Reg. 195/2010.

 

       (2)    Where an applicant or recipient refuses to provide the information or the authorization specified in subsection (1), the applicant shall be refused assistance or assistance to the recipient shall be discontinued, as the case may be.

 

6     For the purpose of subclause 5(1)(a)(v), proof of cohabitation may be established by any relevant evidence and shall be deemed to occur where

 

                (a)    a man and woman represent themselves to others to be husband and wife; or

 

                (b)    individuals represent themselves to others to be each other’s spouse.

 

7     (1)    An applicant or recipient shall provide such information as a caseworker may require with respect to the living arrangements, employment history, health and financial circumstances of the applicant or recipient and the spouse and dependent child of the applicant or recipient.

 

       (2)    An applicant or recipient shall give notice to a caseworker of any change that affects the information provided pursuant to subsection (1) immediately upon the occurrence of the change and the notice shall be in writing if so requested by the caseworker.

 

8     An applicant or recipient may be required to provide evidence under oath or by affirmation to establish the proof of any fact relating to the applicant’s or recipient’s eligibility for assistance.


Providing documentation

9     In circumstances where the requirement of an applicant or a recipient to provide documentation in a timely manner would, in the opinion of the caseworker, create undue hardship for the applicant or recipient, assistance may be granted despite the lack of documentation and the applicant or recipient shall be required to provide appropriate documentation at the earliest opportunity.


Eligibility


Not eligible for assistance

10   An applicant is not eligible to receive assistance if the applicant has separated from his or her spouse for the purpose of enabling the applicant to qualify for assistance.

 

11   An applicant is not eligible to receive assistance if at the time of the application the applicant’s chargeable income is equal to or greater than the applicant’s expenses.

 

12   An applicant or recipient is not eligible to receive assistance where there is another feasible source of income or applicable assets available that is sufficient to provide the applicant or recipient with basic needs, special needs or employment services that are being applied for or provided, as the case may be.

 

13   An applicant or recipient engaged in a strike or who is locked out by an employer is not eligible to receive assistance.


Eligibility for assistance

14   (1)    Except as otherwise provided for in these regulations, a person must be 19 years of age or older in order to be eligible to receive assistance.

 

       (2)    A person who is under the age of 19 and residing in their parent’s or parents’ home is not eligible to apply for assistance in that person’s own right or on behalf of that person’s dependent child.

 

       (3)    An applicant must be present in the Province at the time of application.


Caseworker can change amount of assistance

15   (1)    A caseworker may discontinue assistance

 

                (a)    where a recipient has been absent from the Province for more than 30 consecutive days; or

 

                (b)    where a recipient has been hospitalized for more than 30 consecutive days.

 

       (2)    A caseworker shall discontinue assistance where a recipient has been imprisoned for more than 30 consecutive days in any penitentiary to which the Prisons and Reformatories Act (Canada) applies, in a jail, lockup or adult reformatory institution.

Subsection 15(2) amended: O.I.C. 2003-532, N.S. Reg. 216/2003.

 

       (3)    A caseworker shall reduce, discontinue or suspend assistance to a recipient where there has been fraud, misrepresentation, non-disclosure of facts or other cause that has resulted in assistance being improperly provided to the recipient.

 

       (4)    A caseworker shall increase, reduce, discontinue or suspend assistance to a recipient where there is a change in the circumstances of the recipient or person on whose behalf assistance is being provided to the recipient that relates to the recipient’s eligibility for assistance.


Dependent child

16   (1)    No assistance shall be paid on behalf of a dependent child after the dependent child becomes 21 years of age.

 

       (2)    With respect to assistance paid on behalf of a dependent child,

 

                (a)    where the dependent child is in attendance at a post-secondary education program, the caseworker shall discontinue assistance effective the last day of the month in which the dependent child becomes 19 years of age;

 

                (b)    where a dependent child is attending an educational program not designated for student loan purposes and continues to attend the program on a regular basis, a caseworker may continue to provide assistance after the dependent child becomes 19 years of age;

 

                (c)    a caseworker shall discontinue assistance effective the last day of the month in which the child ceases to be a dependent child.

 

       (3)    A dependent child shall reside with the applicant or recipient the majority of the time in order to be considered a dependent child and included in the calculation of the budget deficit of the applicant or recipient, and where the dependent child resides with more than 1 applicant or recipient, the dependent child may be included in the calculation of the budget deficit of only 1 applicant or recipient.

 

       (4)    Where

 

                (a)    a dependent child of a recipient has been taken into the care of a child welfare agency pursuant to the Children and Family Services Act; and

 

                (b)    the relevant child welfare agency advises a caseworker that

 

                         (i)     the recipient is participating in a program or plan of action for the purpose of facilitating the return of the dependent child to the recipient, or

 

                         (ii)    there is a valid reason why the recipient cannot participate in a program or plan of action for the purpose of facilitating the return of the dependent child to the recipient,

 

the recipient may continue to receive assistance as if the dependent child were still in the care and custody of the recipient.

 

       (5)    Assistance provided in accordance with subsection (4) shall not continue for a period exceeding 2 years.


Employment


Employability assessment

17   (1)    A recipient and a recipient’s spouse must participate in an employability assessment.

 

       (2)    Where a recipient or a recipient’s spouse refuses to participate in an employability assessment, the recipient shall not continue to receive assistance.


Employment plan

18   (1)    A recipient and a recipient’s spouse are required to develop an employment plan that shall take into account

 

                (a)    the recipient’s and the spouse’s

 

                         (i)      skills,

                         (ii)     education,

                         (iii)    work experience,

                         (iv)    volunteer activities,

                         (v)     resources in the community,

                         (vi)    availability of transportation,

                         (vii)   child care needs, and

                         (viii)  personal support; and

 

                (b)    such other factors that are relevant to enable the recipient and the spouse to participate in employment.

 

       (2)    An employment plan cannot include a plan to participate in an educational program that is not an approved educational program.


Medical examination

19   (1)    Where additional information is required by a caseworker to complete an employability assessment of a recipient or a recipient’s spouse or to determine whether an employment plan is appropriate for a recipient or a recipient’s spouse, a caseworker may require the recipient or spouse to undergo a medical examination as the caseworker considers necessary and relevant.

 

       (2)    Where a recipient or a recipient’s spouse refuses to undergo a medical examination required pursuant to subsection (1), assistance shall be discontinued if the refusal to undergo a medical examination results in a caseworker being unable to determine the employment readiness of or the suitability of an employment plan for the recipient or spouse.


Refusal to accept employment

20   (1)    An applicant or recipient is not eligible to receive or to continue to receive assistance where the applicant or recipient, or the spouse of the applicant or recipient unreasonably refuses

 

                (a)    to accept employment, where suitable employment is available;

 

                (b)    to participate in employment services that are part of an employment plan; or

 

                (c)    to engage in an approved educational program that is part of an employment plan, where an appropriate approved educational program is available.

 

       (2)    In determining whether the refusal of an applicant or recipient or the spouse of the applicant or recipient referred to in subsection (1) is unreasonable, a caseworker shall not consider the refusal to be unreasonable where the applicant, recipient or spouse has a legitimate barrier to employment, to engaging in an approved educational program, or to participating in employment services.


Quitting a job

21   (1)    Where an applicant or an applicant’s spouse has quit a job or has been fired from a job within 4 months prior to the application for assistance, assistance shall not be granted for the 6 weeks subsequent to the date of the application if the applicant or the spouse

 

                (a)    quit the job without just cause;

 

                (b)    was fired with just cause; or

 

                (c)    quit the job for the purpose of qualifying for assistance.

 

       (2)    Where a recipient or a recipient’s spouse has quit a job or has been fired from a job, assistance shall be discontinued for 6 weeks if the recipient or the spouse

 

                (a)    quit the job without just cause;

 

                (b)    was fired with just cause; or

 

                (c)    quit the job for the purpose of qualifying for additional assistance.


Section 22 repealed: O.I.C. 2004-437, N.S. Reg. 223/2004.


Obligation to commence proceedings

23   (1)    In order to be eligible to receive assistance or to continue to receive assistance, an applicant or recipient shall

 

                (a)    commence any action or other proceeding; and

 

                (b)    enforce any order of the court,

 

concerning any duty or obligation of any other person to support or maintain the applicant, recipient or a dependent child of the applicant or recipient or other person on whose behalf assistance is payable.

 

       (2)    Where an applicant or recipient is unable to commence an action or other proceeding or is unable to enforce any order of the court pursuant to subsection (1) because of a failure to obtain the necessary information, a caseworker may refuse assistance for such period of time as the caseworker considers appropriate in the circumstances.

 

       (3)    A caseworker may waive the requirements of subsection (1) where the caseworker considers that compliance with them would adversely affect a family situation or where compliance would be futile or unreasonable.

 

       (4)    A youth is not required to comply with the requirements of subsection (1).


Special Needs


Special needs defined

24   (1)    In the Act and these regulations, “special needs” means needs for any of the following items or services, but does not include a need for an item or service listed in subsection (2):

 

                (a)    an item or service with respect to any of the following:

 

                         (i)     dental care approved in accordance with the ESIA Dental Fee Guide approved by the Director,

 

                         (ii)    optical care,

 

                         (iii)   pharmacare coverage,

 

                         (iv)   special diet,

 

                         (v)    transportation,

 

                         (vi)   child care,

 

                         (vii)  implementation of an employment plan,

 

                         (viii) funeral arrangements;

 

                (b)    an item or service prescribed in policy by the Director;

 

                (c)    an item or service that is determined despite clauses (2)(b) and (d) to be a special need in accordance with Section 24A.

Clause 24(1)(c) added: O.I.C. 2013-294, N.S. Reg. 291/2013.

 

       (2)    Except as provided in subsection (4), the following items and services are not included in the definition of “special needs”:

 

                (a)    an item or service that is insured under a Provincial insured health services program or is otherwise funded by government;

 

                (b)    an item or service for medical purposes for which an alternative exists under MSI;

 

                (c)    prescription medications, drugs and substances that are not listed as benefits under the pharmacare programs in the Nova Scotia Formulary;

 

                (d)    medical treatments and substances that are not covered as an insured service under MSI, including any equipment, supplies, materials or services used in producing or administering the treatments or substances;

 

                (e)    shelter costs and personal allowances.

 

       (3)    In subsection (2),

 

                (a)    “MSI” means the Medical Services Insurance Program administered under the Health Services and Insurance Act;

 

                (b)    Nova Scotia Formulary” means the publication of the Department of Health and Wellness that details which drugs and supplies are benefits under the Nova Scotia Seniors’ Pharmacare Program, Family Pharmacare Program, Diabetes Assistance Program, Community Services Pharmacare Programs and Drug Assistance for Cancer Patients.

 

       (4)    A recipient’s continuing eligibility for an item or service of special need listed in subsection (2) must be determined in accordance with the definition of special needs in clause 2(ab) of these regulations as [it] existed immediately before the date this Section comes into force if all of the following apply:

 

                (a)    assistance for the item or service was received before the date this Section comes into force;

 

                (b)    there has been no break in eligibility for the item or service since the last time assistance was determined for the special need;

 

                (c)    the reasons why the special need is required have not changed.

Original Section 24 renumbered 24A; Section 24 added: O.I.C. 2011-308, N.S. Reg. 251/2011.


Special need essential for health

24A(1)    An applicant or recipient may submit a request for assistance on the form approved by the Director for an item or service that is excluded from the definition of “special needs” by clause 24(2)(b) or (d) and that is

 

                (a)    prescribed within the scope of their practice by one of the following health practitioners who is licensed to practice [practise] their profession in Nova Scotia as essential for the health of the applicant or recipient or the spouse or dependent child of the applicant or recipient:

 

                         (i)     physician,

 

                         (ii)    dentist,

 

                         (iii)   nurse practitioner; and

 

                (b)    provided by a medical professional licensed or registered to practice [practise] in Nova Scotia.

 

       (2)    Subsection (1) does not apply to a request for medical marijuana or any equipment, supplies, materials or services used in producing or administering medical marijuana.

 

       (3)    In determining whether an item or service prescribed under clause (1)(a) is a special need under this Section, all of the following must be taken into account:

 

                (a)    the needs or circumstances of the applicant, recipient, spouse or dependent child;

 

                (b)    evidence of the medical appropriateness, necessity and effectiveness of the requested item or service;

 

                (c)    the cost of providing assistance for the requested item or service in comparison to other alternatives that would meet the needs of the applicant, recipient, spouse or dependent child;

 

                (d)    availability of alternative items or services that are insured under a Provincial health services program or are otherwise funded by government;

 

                (e)    whether providing the assistance requested will fulfill the purposes of the Act.

 

       (4)    If a caseworker determines that the item or service is a special need under this Section, these regulations apply to it as a special need.

 

       (5)    If a caseworker determines that the item or service is not a special need under this Section, the caseworker shall notify the applicant and provide written reasons for the decision, and the decision may be appealed to the Assistance Appeal Board.

Section 24A added: O.I.C. 2013-294, N.S. Reg. 291/2013.


Information to be provided

24B (1)    An applicant or recipient may request assistance for an item of special need, and the applicant or recipient shall provide the following information, where applicable, to a caseworker to support the request:

 

(a)an explanation as to why the special need is required;

 

(b)a description of the special need;

 

                (c)    any documentation from professionals supporting the special need;

 

                (d)    the monthly or total cost of the special need;

Original clause 24A(d) replaced: O.I.C. 2011-308, N.S. Reg. 251/2011.

 

                (e)    the resources or alternatives that have been investigated with respect to obtaining the special need from other sources;

 

                (f)    where the cost of the special need exceeds $200, estimates for the cost of the special need from 2 separate providers; and

 

                (g)    if the special need has already been acquired, an invoice or receipt for the special need.

Original clause 24A(g) replaced: O.I.C. 2011-308, N.S. Reg. 251/2011.

 

       (2)    An applicant or recipient may request assistance for an item of special need in accordance with subsection (1) either before or after the purchase of the item of special need.

Original Section 24A renumbered 24B: O.I.C. 2013-294, N.S. Reg. 291/2013.


Health or medical need

25   (1)    Where an applicant or recipient requests assistance for an item of special need that pertains to the health or medical requirements of the applicant or recipient or the spouse or dependent child of the applicant or recipient, a caseworker may request advice from a person qualified to provide advice in respect of the appropriateness, necessity and effectiveness of the item of special need requested and the caseworker shall take this advice into consideration in determining whether to grant the request.

Section 25 re-designated 25(1): O.I.C. 2013-294, N.S. Reg. 291/2013.

 

       (2)    A caseworker may request advice from a person qualified to provide advice in respect of the medical appropriateness, necessity and effectiveness of an item or service to be taken into account under clause 24A(3)(b), and the caseworker must take this advice into consideration in determining whether the item or service is a special need under Section 24A.

Subsection 25(2) added: O.I.C. 2013-294, N.S. Reg. 291/2013.

 

(3)A caseworker who requests advice under subsection (2) must advise their supervisor.

Subsection 25(3) added: O.I.C. 2013-294, N.S. Reg. 291/2013.


Determination of eligibility

26   (1)    In determining the amount of assistance payable for a special need for an applicant or recipient, a caseworker shall include the lesser of the following in the calculation of the budget deficit of the applicant or recipient:

 

                (a)    actual cost of the special need;

 

                (b)    the amount prescribed for the special need in Appendix “A”.

       (2)    In determining the amount of assistance payable for a special need for an applicant or recipient, the most economical option for financing the special need must be the option approved.

Section 26 replaced: O.I.C. 2011-308, N.S. Reg. 251/2011.


Supervisor may determine higher amount

27   (1)    Where a supervisor determines that there is documentation to support that the maximum amount allowed for any item of special need as prescribed in Appendix “A” is insufficient to pay for the cost of the item due to the distinctive need of an applicant or recipient or spouse or dependent child of the applicant or recipient, the higher amount as documented may be included in the calculation of the applicant’s or recipient’s budget deficit.

 

       (2)    In urgent circumstances pertaining to the health or safety of an applicant or recipient or spouse or dependent child of the applicant or recipient, the total cost of an item of special need may be provided to the applicant or recipient where there is a budget deficit for a portion of the cost of the special need and payment of the total cost is approved by a supervisor.


Educational-related needs

28   A recipient between the ages of 16 and 20, inclusive, who is employed on a full-time or part-time basis shall not receive assistance for school supplies or other educational related special needs.


Allowances and Expenses


Expenses to be considered in determining eligibility

29   (1)    In determining initial eligibility for assistance, a caseworker shall include

 

                (a)    expenses as prescribed in these regulations for basic needs and special needs;

 

                (b)    actual transportation costs up to $150 per month, where the costs are required for employment or the preservation of health or safety of the applicant or spouse or dependent child of the applicant; and

Clause 29(1)(b) amended: O.I.C. 2001-338, N.S. Reg. 91/2001.

 

                (c)    actual child care costs up to $400 per month, where the costs are related to employment or are required for the preservation of health or safety of the applicant or spouse or dependent child of the applicant,

Clause 29(1)(c) amended: O.I.C. 2001-338, N.S. Reg. 91/2001.

 

in the calculation of the budget deficit of an applicant.

 

       (2)    In determining ongoing eligibility for assistance, a caseworker shall include

 

                (a)    expenses as prescribed in the regulations for basic needs and special needs; and

 

                (b)    expenses for participation in an employment plan

 

in the calculation of the budget deficit of a recipient.

Amount payable

30   The amount of assistance payable shall be 100% of the budget deficit except as provided for in subsection 27(2).


Personal and shelter allowances

31   (1)    An applicant or recipient who is boarding shall be allowed the following monthly allowances, in the amount and in the manner prescribed in Appendix “A”, as expenses:

 

                (a)    a shelter allowance; and

 

                (b)    a personal allowance for each of

                         (i)     the applicant or recipient,

 

                         (ii)    the spouse of the applicant or recipient, and

 

                         (iii)   each dependent child of the applicant or recipient who is 18 years of age or older.

 

       (2)    An applicant or recipient who is renting or who owns his or her own home shall be allowed the following allowances, in the amount and in the manner prescribed in Appendix “A”, as expenses:

 

                (a)    a shelter allowance;

 

                (b)    a personal allowance for each of

 

                         (i)     the applicant or recipient,

 

                         (ii)    the spouse of the applicant or recipient, and

 

                         (iii)   each dependent child of the applicant or recipient who is 18 years of age or older.

 

       (3)    A student family member must be included when determining an applicant’s or a recipient’s family size for the purpose of selecting the applicable prescribed shelter allowance in Appendix “A”.

Subsection 31(3) added: O.I.C. 2010-458, N.S. Reg. 195/2010.

 

32   Where an applicant or recipient or spouse or dependent child of an applicant or recipient is terminally ill or has special needs with respect to barrier-free access to, from or within their accommodations, the shelter allowance prescribed in Appendix “A” may be increased by an amount approved by a supervisor.


Maternal nutritional allowance

33   A female applicant or recipient or spouse or dependent child of an applicant or recipient who is pregnant shall have a maternal nutritional allowance included as an expense in the amount prescribed in Appendix “A”, effective from the date of the notification of pregnancy or birth of the child up to and including 12 months after the birth of the child.


School supplies

34   At the start of each school year a recipient with a dependent child shall have an allowance as prescribed in Appendix “A” included as an expense to defray the cost of school supplies of a dependent child who is between the ages of 5 and 20 years, inclusive, and is attending elementary, junior high or senior high school as of September 30 in the year in which the allowance is being included.


Combined expenses

35   (1)    Except as provided in subsection (2), in respect of any combination of expenses mentioned in Sections 36 to 42, the amount of assistance payable to an applicant or recipient shall not exceed the lesser of

Subsection 35(1) amended: O.I.C. 2010-458, N.S. Reg. 195/2010.

 

                (a)    100% of the actual total of any combination of expenses; and

Clause 35(1)(a) amended: O.I.C. 2010-458, N.S. Reg. 195/2010.

 

                (b)    the amount prescribed in Appendix “A” for the size of the applicant’s or recipient’s family.

Section 35 renumbered 35(1): O.I.C. 2010-458, N.S. Reg. 195/2010.

 

       (2)    In respect of any combination of expenses mentioned in Sections 36 to 42, the amount of assistance payable to an applicant or recipient who is living with another person, other than a spouse, in a relationship of interdependence functioning as an economic and domestic unit shall not exceed the lesser of

 

                (a)    50% of the actual total of any combination of expenses; and

 

                (b)    50% of the amount prescribed in Appendix “A” for the size of the applicant’s or recipient’s family.

Subsection 35(2) added: O.I.C. 2010-458, N.S. Reg. 195/2010.


Mortgage payments

36   (1)    Subject to subsection (2) and Section 37, an applicant or recipient who owns his or her own home and who is making payments in respect of a mortgage shall be allowed 100% of the mortgage payment as an allowable mortgage expense.

 

       (2)    Where only part of the mortgage money obtained has been used for the purpose of purchasing, repairing or renovating the residence of the applicant or recipient, only that part of the money that relates to the purchase, necessary repairs or necessary renovations of the residence shall be allowed as an allowable mortgage expense.

 

       (3)    Where, in the opinion of a caseworker, the application of subsection (2) would create undue hardship for an applicant or recipient, 100% of the applicant’s or recipient’s mortgage payment shall be allowed as an allowable mortgage expense.


Joint ownership of primary residence

37   Where the primary residence of an applicant or recipient is jointly owned by the applicant or recipient with another person or spouse or dependent child of the applicant or recipient, the allowable mortgage expense shall be prorated based on the portion of the primary residence owned by the applicant or recipient, but where a supervisor determines that such prorating will cause undue hardship for the applicant or recipient, 100% of the mortgage payment shall be allowed as an allowable mortgage expense and the supervisor may require the applicant or recipient to enter into a repayment agreement in respect of the assistance granted.


Property taxes

38   An applicant or recipient who owns his or her own home shall be allowed 100% of the actual amount of taxes paid, calculated monthly, as an expense.


Rent

39   An applicant or recipient who rents his or her accommodations shall be allowed 100% of the actual amount of rent paid monthly as an expense.


Heating costs

40   An applicant or recipient who heats his or her accommodations shall be a allowed 100% of the actual amount of heating costs paid monthly as an expense.


Electricity costs

41   An applicant or recipient who pays for his or her electricity supply shall be allowed 100% of the actual amount of electricity costs paid monthly as an expense.


Water costs

42   An applicant or recipient who pays for his or her water supply or service shall be allowed 100% of the actual amount of water costs paid monthly as an expense.


Employment plan expenses

43   A caseworker shall allow as an expense the necessary and reasonable costs incurred by the recipient or the spouse of a recipient in relation to the recipient’s or spouse’s participation in an employment plan.


Employment expenses

44   A recipient who becomes employed or whose spouse becomes employed on a full-time or part-time basis or is or whose spouse is participating in employment services or implementing an employment plan shall be allowed the following expenses:

 

                (a)    actual transportation costs up to a maximum of $150.00 per month;

 

                (b)    actual child care costs up to a maximum of $400.00 per month; and

 

                (c)    such other reasonable expenses that are directly related to and that a caseworker considers are necessary to facilitate the recipient’s or spouse’s employment, or participation in an employment plan.


Shelter allowance under certain circumstances

45   Despite clauses 31(1a) and 31(2)(a), the shelter allowance for any of the following persons shall be allowed as an expense in an amount up to $535 for those who own or rent their shelter:

 

                (a)    a single person who is disabled;

 

                (b)    a single person who is fleeing an abusive situation;

 

                (c)    a single person who has a chronic mental, cognitive or physical condition that limits participation in employment services;

 

                (d)    a single person who is 55 years of age and over; or

 

                (e)    a single person who is a youth and otherwise meets the requirements of the Act and these regulations.

Section 45 replaced: O.I.C. 2005-409, N.S. Reg. 179/2005; amended: O.I.C. 2006-386, N.S. Reg. 173/2006.


Supervisor can modify calculation of budget deficit

46   A supervisor may exempt an applicant or recipient from the provisions regarding the calculation of the budget deficit where a supervisor considers it necessary to


Clause 46(a) repealed: O.I.C. 2011-308, N.S. Reg. 251/2011.

 

                (b)    protect the health or safety of an applicant or recipient or dependent child or spouse of an applicant or recipient; or

 

                (c)    preserve the dwelling of an applicant or a recipient.


Income


Chargeable income

47   (1)    Chargeable income shall be deemed to include

 

                (a)    the income of the spouse of the applicant or recipient;

 

                (b)    the income received by the applicant or recipient or the spouse of an applicant or recipient on behalf of a dependent child; and

 

                (c)    100% of unearned income received by a dependent child of the applicant or recipient.

 

       (2)    Chargeable income shall include the monthly income from the following sources:

 

                (a)    100% of net wages earned, except as provided for in Section 48;

 

                (b)    where boarders are living with the applicant or recipient, the greater of

 

                         (i)     25% of the gross amount received per month, or

 

                         (ii)    $50.00 per month;

 

                (c)    70% of the gross amount received from roomers who are living with the applicant or recipient or a minimum charge of $50 per month;

 

                (d)    where the applicant or recipient receives rent from properties, 70% of the gross amount received;

                (e)    100% of the net profit from a business;

 

                (f)    100% of Canada Pension Plan benefits paid directly to a dependent child of the applicant or recipient;

 

                (g)    100% of the sum set aside in trust by a court at the request of an applicant or recipient or with the consent of an applicant or recipient where the sum set aside in trust comprises chargeable income;

 

                (h)    100% of unearned income;

 

                (i)     100% of income from an estate or trust;

 

                (j)     100% of the value of goods and services received in lieu of wages;

 

                (k)    100% of gratuities;

 

                (l)     100% of commissions.

 

       (3)    Clause 2(b) does not apply where the boarder is a child of the applicant or recipient and the supervisor is of the opinion that to apply clause 2(b) would create undue hardship on the child or the child’s family.


Percentage of net wages

48   (1)    Income from wages shall be computed as follows:

 

                (a)    at the time a person applies for assistance, 100% of net wages earned shall be chargeable income;

 

                (b)    except as provided in clause (c), at the time the amount of assistance to be paid is being determined for a recipient or spouse of a recipient, $150 per month of net wages shall be exempt income and 70% of the remainder shall be chargeable income;

 

                (c)    at the time the amount of assistance to be paid is being determined for a recipient or spouse of a recipient who is engaged in supported employment, $300 per month of net wages shall be exempt income and 70% of the remainder shall be chargeable income.

Subsection 48(1) replaced: O.I.C. 2011-212, N.S. Reg. 211/2011.

 

       (2)    Despite subsection (1), for persons between the ages of 16 and 20, inclusive,

 

                (a)    at the time the amount of assistance to be paid is being determined, income from part-time employment shall not be chargeable income provided that the person is attending an approved educational program;

Clause 48(2)(a) amended: O.I.C. 2001-338, N.S. Reg. 91/2001.

 

                (b)    income from full-time employment shall not be chargeable income for up to 3 calendar months per year provided that the person attends an approved educational program following the completion of full-time employment.

Percentage of gratuities and commissions

48A (1)   At the time a person applies for assistance, income from gratuities shall be computed at 100% of gratuities earned but at the time the amount of assistance to be paid is being determined, income from gratuities shall be computed at 70% of gratuities earned.

 

        (2)   At the time a person applies for assistance, income from commissions shall be computed at 100% of commissions earned but at the time the amount of assistance to be paid is being determined, income from commissions shall be computed at 70% of commissions earned.

Section 48A added: O.I.C. 2001-338, N.S. Reg. 91/2001.


Training allowance

49   At the time a person applies for assistance, income from a training allowance shall be computed at 100% of the allowance received but at the time the amount of assistance to be paid is being determined the chargeable income from a training allowance shall be computed at 100% of the allowance received less $150 a month.


Net profit from business

50   (1)    Net profit from a business is deemed to be at least equal to the minimum wage hourly rate for 40 hours of work per week.

 

       (2)    Where a business is part of a recipient’s employment plan, subsection (1) does not apply to net profit from the business during an initial period of operation of up to 18 months, as decided by a caseworker.


Section 51 repealed: O.I.C. 2009-167, N.S. Reg. 184/2009.


Not chargeable income

52   Income from any of the following sources is not chargeable income:

 

                (a)    the Canada child tax benefit paid under the Income Tax Act (Canada), including all of the following:

 

                         (i)     the national child benefit supplement,

 

                         (ii)    the child tax benefit,

 

                         (iii)   payments under the Nova Scotia Child Benefit Program under the Income Tax Act,

 

                         (iv)   the child disability benefit;

 

                (b)    the universal child care benefit paid under the Universal Child Care Benefit Act (Canada);

 

                (c)    the goods and services tax credit paid under the Income Tax Act (Canada);

 

                (d)    income tax refunds;

 

                (e)    an adoption subsidy payment under the Children and Family Services Act;

 

                (f)    payments made in support of a foster child paid under the Children and Family Services Act;

 

                (g)    payments under a victims compensation program of a federal or provincial government;

 

                (h)    payments to a victim of abuse by a church organization in compliance with a

court order or under a victims compensation program;

 

                (i)     the Nova Scotia Poverty Reduction Credit under the Income Tax Act;

 

                (j)     the Nova Scotia Affordable Living Tax Credit under the Income Tax Act;

Clause 52(h) relettered (j): O.I.C. 2010-425, N.S. Reg. 176/2010.

 

                (k)    a caregiver’s benefit under the Department of Health and Wellness’s Caregiver Benefit Program.

Clause 52(k) added: O.I.C. 2010-425, N.S. Reg. 176/2010.

Section 52 replaced: O.I.C. 2010-280, N.S. Reg. 108/2010.

 

52AUp to $3000 per fiscal year of the combined wages of a recipient or recipient’s spouse participating in the Harvest Connection program, a program under Section 6 of the Act, that are earned from any or all of the following is not chargeable income:

 

                (a)    seasonal harvesting of field-produced horticulture;

 

                (b)    harvesting Christmas trees;

 

                (c)    producing Christmas wreaths.

Section 52A added: O.I.C. 2006-403, N.S. Reg. 181/2006; replaced: O.I.C. 2008-572, N.S. Reg. 427/2008.

 

53   The wages of a dependent child of an applicant or recipient are not chargeable income provided that the dependent child is attending an educational program not designated for student loan purposes.


Working Income Tax Benefit

53AWhere an applicant or a recipient receives a payment pursuant to the federal Working Income Tax Benefit, the payment shall not be considered as chargeable income nor as an asset for the purpose of determining the applicant’s or recipient’s eligibility for assistance.

Section 53A added: O.I.C. 2008-512, N.S. Reg. 404/2008.


Assets


Consideration of assets in determining eligibility

54   In determining the eligibility of an applicant or a recipient for assistance, a caseworker shall consider all applicable assets of the applicant or recipient or spouse or dependent child of the applicant or recipient.

 

55   (1)    Assistance shall not be granted to an applicant or recipient who has a

 

                (a)    family size of one person and has assets in excess of $1000;

Clause 55(1)(a) amended: O.I.C. 2010-458, N.S. Reg. 195/2010.

 

                (b)    family size of more than one person and has assets in excess of $2000.

Clause 55(1)(b) amended: O.I.C. 2010-458, N.S. Reg. 195/2010.

 

       (2)    An applicant or recipient who has been refused assistance under subsection (1) may be required to wait not less than 1 month and not more than 1 year from the date of refusal before re-applying for assistance.

 

       (2A) Subsection (1) does not apply to an applicant or recipient who is, or whose spouse is, a participant in a savings program that is designed to promote self-sufficiency and is approved by the Minister.

Subsection 55(2A) added: O.I.C. 2003-532, N.S. Reg. 216/2003.

 

       (3)    An applicant may not be eligible to receive assistance where the applicant has dissipated, spent or dealt with assets within 1 year prior to the date of their application if a supervisor determines that this was done in an unreasonable manner.

 

       (4)    Despite subsection (3), an applicant or recipient shall not be prejudiced where assets have been spent for

 

                (a)    personal and family shelter including the purchase of a home or the payment of a mortgage or debts and purchases as approved by a supervisor;

 

                (b)    basic needs;

 

                (c)    necessary repairs of the home occupied by the applicant or recipient;

 

                (d)    replacement of necessary household items,

 

and the applicant or recipient provides proof to the satisfaction of the supervisor that assets were spent for a purpose set out in clause (a), (b), (c) or (d).


Joint assets

56   Where an applicant or a recipient is a joint owner of an asset, the joint asset shall not be an applicable asset provided however that a caseworker may require the applicant or recipient to convert the joint asset into cash within a specified time and the applicant or recipient may be required to enter into a repayment agreement in respect of the assistance granted pending the conversion of the joint asset to cash.


Conversion/sale of assets

57   (1)    A caseworker may require an applicant or a recipient to sell real property within a specified time and to enter into a repayment agreement in respect of assistance granted pending the sale of the real property.

 

       (2)    Where it is not feasible to sell the real property pursuant to subsection (1), a caseworker may require the applicant or recipient to rent the property or to render it income-producing within a specified time and to enter into a repayment agreement in respect of the assistance granted pending the rental of the real property or rendering the property income-producing.


Trust money

58   Where a sum is set aside in trust for an applicant or recipient or a spouse or dependent child of an applicant or recipient by a court or a person other than an applicant or recipient, assistance shall not be granted where it is feasible for the applicant or recipient to obtain support for himself or herself or his or her spouse or dependent child from the sum set aside.

 

59   A recipient or person on whose behalf assistance is paid who uses a trust fund as collateral for the securing of a loan shall not receive assistance.


Assistance paid in trust

60   Every person to whom assistance is paid in trust for the benefit of an applicant or recipient pursuant to the Act shall submit such information as a caseworker may require regarding the administration of the trust money.


Registered disability savings plans

60AWhere an applicant or recipient has a registered disability savings plan (RDSP), the RDSP shall not be considered an applicable asset, and any income withdrawn from the RDSP shall not be considered chargeable income.

Section 60A added: O.I.C. 2009-51, N.S. Reg. 31/2009.


Compensation Payments

 

61   (1)    Financial compensation received by individuals pursuant to the Memorandum of Understanding regarding Compensation for Survivors of Institutional Abuse shall not be considered as income nor as an asset for the purpose of determining a applicant’s or recipient’s eligibility for assistance, but any money generated from the compensation shall be considered as income for the month in which it is received for the purposes of determining an applicant’s or recipient’s eligibility for assistance.

 

       (2)    Where a provincial government or the federal government makes a payment either monthly or in a lump sum to victims or survivors of abuse to redress or compensate an injury or harm in respect to a government program or services, the payments received may be declared by the Minister as not being income for the purposes of determining a[n] applicant’s or recipient’s eligibility for assistance.

 

       (3)    Where an applicant or recipient receives

 

                (a)    a payment other than a payment for loss of income or loss of support pursuant to

 

                         (i)     the 1986-1990 Hepatitis C Settlement Agreement, or

 

                         (ii)    the federal/provincial/territorial assistance program of HIV Secondarily Infected Persons;

 

                (b)    a payment as a Merchant Navy Veteran or as a surviving spouse of a Merchant Navy Veteran for post-war benefits,

 

the payment shall not be considered as income or as an asset for the purpose of determining the applicant’s initial eligibility for assistance but any money generated from such a payment shall be considered as income for the month in which it is received for the purpose of determining the applicant’s or recipient’s eligibility for assistance.


Pharmacare Assistance

 

62   Where pharmacare is not available pursuant to a drug plan at a recipient’s place of employment or from some other source, pharmacare assistance may be granted to the recipient directly, or to the recipient on behalf of a spouse or dependent child of the recipient.

 

63   Where pharmacare assistance has been granted to a recipient pursuant to Section 62, the recipient is entitled to receive benefits in accordance with the Fair Drug Pricing Act, except where the Director decides that a recipient is required to pay a copayment that is different than the amount prescribed in the Fair Drug Pricing Act and its regulations.

Section 63 replaced: O.I.C. 2011-392, N.S. Reg. 304/2011.

 

64   (1)    Where pharmacare assistance that has been provided to a recipient is discontinued on or after August 1, 2001, because the total chargeable income of the recipient exceeds the total expenses of the recipient as calculated in accordance with these regulations, the recipient shall be eligible to continue to receive pharmacare assistance provided that the recipient

 

                (a)    otherwise meets the requirements of the Act and regulations; and

 

                (b)    would have a budget deficit if the recipient’s average monthly drug costs were included as an expense.

 

       (2)    For the purpose of subsection (1), “average monthly drug costs” means the average costs of drugs per month, calculated on the basis of the cost of a recipient’s drugs during the 6 months immediately preceeding the date on which the recipient’s eligibility for pharmacare assistance is determined.

 

65   Where assistance to a recipient who is in receipt of pharmacare assistance is discontinued on or after August 1, 2001, because the total chargeable income from wages of the recipient exceeds the total expenses of the recipient as calculated in accordance with these regulations, the recipient shall be eligible to continue to receive pharmacare assistance for 1 year from the date of discontinuance provided that pharmacare is not available pursuant to a drug plan at the recipient’s place of employment or from some other source.


Youths

 

66   (1)    A youth may be eligible to receive assistance where in the opinion of the caseworker the youth is exposed to an unsafe home environment or an unresolvable adolescent/parent conflict or unable, because of a parental decision, to remain at or to return home, and where the youth is

 

                (a)    attending an educational program not designated for student loan purposes;

 

                (b)    willing to participate in an employment plan;

 

                (c)    willing to access counseling or mediation services that a caseworker has identified as necessary for that youth;

 

                (d)    willing to access medical services necessary to preserve the youth’s physical health; and

 

                (e)    willing to live in a setting that provides a degree of supervision, accountability and guidance in accordance with the age and needs of the youth.

 

       (2)    Despite clause (1)(e), assistance may be granted to the youth in an independent setting if a caseworker is satisfied that the youth has the necessary life skills and maturity to live alone.


Post-secondary Education

 

67   (1)    A person attending a post-secondary education program of more than 2 years shall not receive assistance unless the person is

 

                (a)    funded to attend by the Employability Assistance for Persons with Disabilities Program, which is a program for adults with vocational handicaps funded by Human Resources Development Canada in partnership with the Government of Nova Scotia; or

 

                (b)    a participant in the Career Seek Pilot Project, which is a pilot project to support eligible individuals attending post-secondary education programs.

Subsection 67(1) replaced: O.I.C. 2006-444, N.S. Reg. 200/2006.

 

       (2)    A person attending a post-secondary education program of 2 years or less shall not receive assistance unless the person is a recipient and

 

                (a)    the recipient is a participant in the Equity Opportunities Program, which is a skills development program for adults funded by Human Resources Development Canada in partnership with the Government of Nova Scotia; or

 

                (b)    the recipient

 

                         (i)     has been the subject of an employability assessment and the assessment recommends that the recipient has the necessary prerequisite skills and can reasonably be expected to become employed in the selected occupational area at the completion of the post-secondary educational program,

 

                         (ii)    has pursued other feasible sources of income but they are not available or are insufficient,

                         (iii)   has been in receipt of assistance or a combination of assistance, family benefits or social assistance for at least 6 months immediately prior to attending the post-secondary educational program, and

 

                         (iv)   is available for work when not involved in the post-secondary educational program.

 

       (3)    A recipient to whom subsection (2) applies shall not receive assistance for tuition or school books or student fees.


Overpayments and Underpayments


Recovery of overpayments

68   (1)    The Minister is entitled to use any legal recourse to recover overpayments from a recipient.

 

       (2)    Where an overpayment is to be recovered from a recipient, the maximum amount to be recovered is $45.00 per month.

 

       (3)    The maximum amount specified in subsection (2) may be increased with the consent of the recipient.

 

       (4)    For the purpose of determining an overpayment, assistance granted in the form of pharmacare assistance is assistance that shall be included in the calculation of an overpayment.


Underpayments

69   Where a recipient receives less assistance than the recipient is entitled to receive through no fault of the recipient, the recipient is eligible to receive the unpaid amount calculated on the basis of the most recent 6 months for which the lesser amount was paid.


Default in Maintenance Payments

 

70   (1)    Where a recipient is in receipt of assistance for at least 3 consecutive months and there has been a default in maintenance payments to the recipient for 3 consecutive months, the recipient’s budget deficit shall be recalculated without the defaulted maintenance payments included as chargeable income.

 

       (2)    Where there is a continuing default in maintenance payments and the recipient assigns his or her maintenance payments to the Minister, the person’s budget deficit shall be recalculated without the assigned maintenance payment included as chargeable income.


Transitional Provisions


Diabetes

71   Where a person was receiving family benefits on July 31, 2001, for diabetic drugs and diabetic test materials, the person may continue to receive assistance for those drugs and test materials provided that the person

 

                (a)    suffers from diabetes;

 

                (b)    requires diabetic drugs and diabetic test materials for the control of that person’s condition; and

 

                (c)    has a budget deficit as determined by the Family Benefits Schedule “B” Regulations in force on July 31, 2001.


Foster parents

72   A foster parent who was receiving family benefits on behalf of a foster child on July 31, 2001, is eligible to continue to receive a money payment in respect of the child in the same manner as determined in the Family Benefits Schedule “B” Regulations in force on July 31, 2001.


Post-secondary education

73   A person who is attending a post-secondary educational program is not eligible to receive assistance unless the person was receiving of family benefits on April 30, 2000, and is enrolled in a post-secondary educational program on August 1, 2001, or has applied for post-secondary education prior to August 1, 2001, and commences attending a post-secondary educational program prior to September 30, 2001.


Nova Scotia Child Benefit

74   (1)    A person who was in receipt of family benefits or social assistance for the whole month of July 2001 and who receives a Nova Scotia Child Benefit based on their eligibility for the Nova Scotia Child Benefit for the 2000-2001 Nova Scotia Child Benefit year, shall be allowed an amount equal to the monthly Nova Scotia Child Benefit received as an expense.

 

       (2)    A person who was in receipt of family benefits or social assistance on behalf of dependent children for the whole month of July 2001 and whose total personal allowance on behalf of all dependent children included in the budget deficit calculation for July 2001 was greater than $133 times the number of children, shall be allowed the net difference as an expense when calculating a person’s entitlement to assistance on behalf of the dependent children.

 

       (3)    A person to whom subsections (1) and (2) apply on August 1, 2001 is not entitled to have the provisions of those subsections applied to them if they become ineligible for assistance and subsequently reapply for assistance under the Act and these regulations.

 

75   Where a recipient is not receiving the Nova Scotia Child Benefit or the National Child Benefit on behalf of a dependent child who is under the age of 18, a personal allowance of $133 per month shall be provided to the recipient on behalf of the dependent child.

 

76   A recipient who is receiving, on behalf of a dependent child who is under the age of 18, a combination of the Nova Scotia Child Benefit and the National Child Benefit that is less than $133 a month, shall be provided the difference between $133 a month and the combined amount of the Nova Scotia Child Benefit and the National Child Benefit that the recipient receives.


Assets

77   A person who was in receipt of family benefits on July 31, 2001, is entitled to retain assets in the amount prescribed under the Family Benefits Act and Family Benefits Schedule “B” Regulations until such time as the person reapplies for assistance.


Pharmacare

78   A foster parent who was receiving pharmacare benefits on behalf of a foster child on July 31, 2001, under the Family Benefits Act is eligible to continue to receive pharmacare assistance on behalf of the foster child.

 

79   A recipient who on July 31, 2001, receives or is entitled to receive a refund pursuant to the Family Benefits Act or the Social Assistance Act of any copayment paid by the recipient for prescription drugs is entitled to continue to receive a refund of any copayment that would otherwise be required to be paid by that recipient in accordance with these regulations.

Section 79 amended: O.I.C. 2011-392, N.S. Reg. 304/2011.


Disabled person

80   (1)    A person who was receiving family benefits on July 31, 2001, as a disabled person is eligible to continue to receive a transportation allowance, a household supply allowance and a house maintenance allowance in the same manner and amount as prescribed in the Family Benefits Schedule “B” Regulations in force on July 31, 2001.

 

       (2)    A person to whom subsection (1) applies is entitled to receive the allowances as specified in subsection (1) until December 31, 2001.

 

       (3)    A person who is receiving a household supply allowance and a house maintenance allowance pursuant to subsection (1) and (2) shall not be eligible to receive an amount for expenses pertaining to shelter costs prescribed in these regulations combined with those allowances in excess of

 

                (a)    100% of the actual total of any combination of shelter costs; or

 

                (b)    the amount prescribed in Appendix “A” of the Family Benefits Schedule “B” Regulations for the family size of the person’s family.

Section 80 added: O.I.C. 2001-338, N.S. Reg. 91/2001.


[Note: references to the Department of Health have been updated to “Health and Wellness” in accordance with Order in Council 2011-15 under the Public Service Act, R.S.N.S. 1989, c. 376, effective January 11, 2011.]




Appendix “A”

Prescribed Allowances


Shelter Allowance


Family Size

Rent/Own Home

Board

1

$300

$223

2

$570

$242

3

$620

$282

Shelter Allowance table replaced: O.I.C. 2006-386, N.S. Reg. 173/2006.


Personal Allowance

Adult

Dependent Child

(under age 18)

Dependent Child

(age 18 to 20 inclusive)

$255

$133

$255

Personal Allowance table replaced: O.I.C. 2013-193, N.S. Reg. 219/2013.


Other Allowances

Maternal nutritional allowance

$51

School supplies supplement

      - dependent children aged 5 - 12 years

$50

School supplies supplement

      - dependent children aged 13 - 20 years

$100

Other Allowances table amended: O.I.C. 2013-285, N.S. Reg. 286/2013.


Items of Special Need

Transportation

up to $150

Child care

up to $400

Single vision glasses

$90

Bifocal glasses

$110

Dental costs

up to $300 per item

Funeral costs for opening and closing of grave, grave lot, clothing, transportation

up to $1100

Funeral costs for professional services and cremation urn or casket

up to $2700

Special diet

up to $150

Items of Special Need table amended: O.I.C. 2008-512, N.S. Reg. 404/2008.